VIC How to sue a Property Valuer

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dannielle

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26 May 2018
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I'm needing some information on how to sue a property valuer for not following due diligence when valuing a property for sale (under valued it by $40000). Can you please advise me of how to do this? I already have a new evaluation and have other evidence to back up my claim.

Thank you
 

Rod

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27 May 2014
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What is the value approximate value of the property?

Why has this caused you a loss?

$40k on $500k is less than 10% and would seem a reasonable margin of error for what is essentially an informed guess.
 

Tripe

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22 May 2017
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Was it a bank valuation?

Or real estate agent valuation?

A bank valuation is always lower, compared to a real estate valuation!
 

dannielle

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26 May 2018
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It was a valuation for a bank to loan a buyer to purchase the house from us. We had it on the market for $500000, accepted an offer of $480000. One very inexperienced valuer (the one the bank went with) said it's only worth $450000. Another independent valuer said it's well worth $500000+. Will cost us more money as desperately need to sell
 

Tripe

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22 May 2017
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Bank valuations are always lower, as they value the property on a distressed sale basis.
i.e. if the bank had to take back the property and sell it as quick as possible to pay out the Loan, if the owner(s) can’t meet the repayments.

Bank valuation can be up to 20% below reasonable sale price.
 

Rob Legat - SBPL

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Here's (some of) your problems with attempting to sue the valuer:

- A valuation is ultimately an expression of opinion, even where supporting by data. You'd need to prove that the value given is sufficiently outside a reasonable range. The valuation is less than 10% different to your sale price, and 10% different to your market price - which puts it well and truly within the ballpark of a reasonable range in my thinking.

- You'd need to prove that he failed to follow some prescribed method in making the valuation. Good luck getting that together.

-There are different 'types' of valuations. As mentioned above, bank valuations tend to be very reserved.

- It's not your valuer. It's the buyer's bank's valuer. You don't have a contractual relationship with them, and they don't owe you a duty of care. Without either of those, I don't think you've even got a sufficient cause of action to start a proceeding. You could possibly get a statement of claim past a Registrar, but you'd be up against a striking out/summary judgment application faster than the ink on the Registry's seal can dry.

- You don't actually have any damages that I can see. The loss of the contract (if it does happen) may be too remote. And, it's not clear that you've lost it anyway. If the sale manages to go through then you haven't lost anything at all.
 
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Clancy

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6 April 2016
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Banks are in trouble for allot of underhanded things at the moment, i am just waiting to see if false valuations issue is going to crop up?

Some years ago i had a $400,000 dollar house valued by several different banks. The valuations i got back ranged from as low as $350,000 to as high as $500,000 .... I also noticed the valuations given were exactly in line with how competitive the loan was.... the more competitive the loan offered, the lower the valuation that was given. It means the banks with the less competitive loan are giving higher valuation as a way of attracting your business - and it worked, as we went with the higher valuation less competitive loan!